The Research For The Restriction Rules To The Breach Damage Compensation Scope

The breach damage compensation is the core of the contract law, damage compensation liability is the liability form with the most important, effective and extensive scope compared with other breach remedy forms, and its purpose is for compensating the damage. About the scope definition to the damage compensation, the rules of different countries' history are different, Anglo-American estalishes the complete compensation principle to the damage compensation, which also has its disadvantage that the liability scope of the defendant is over great and rigorous. So every country also has restricted the scope of the breach damage compensation through the concrete law on the basis of obeying the complete compensation principle. The foreseeability rules is the most important and extensive using through all restriction methods. Our country's contract law adopts the foreseeability, detraction and profit and loss offset rule. This paper chooses the breach damage compensation scope as the extension scope to learn and research its restriction rule, and to use the comparative method analysis to the foreseeability rule as an important point, then to state the other restriction rules in brief, such as the fault offset rule, detraction rule, profit and loss offset rule, finally to do the exploratory to the problems exsiting at the concrete operation of the rules development combined with the case and practice.This papter is comprised of 4 parts.Partâ… is the preface which points out the status of the restriction rules in contract damage compensation system and the writing method of this paper.Partâ…¡is the foreseeability rules. This part mainly researches the following aspects: first is the foundation and development of the foreseeability rules, and simply states the development of this rules at Anglo-American, Japan and other countires and the existing rules in the related international, area contract convention and our country's contract law. Second is the value function of the foreseeability rules. This paper thinks that the main reason of the foreseeability rules extensive using is that this rule indicates the justice and value function, efficiency value and with flexibility and elasticity features, which adapts the society development demand in a certain extent. Third is the comparative analysis of the Foreseeability rules, which summarizes and analyzes the Foreseeability rules content and characteristic of the French Law and British Law separately and points out foreseeability rules system adopted by the Anglo-American Law, however, it exists large discrepancy on the application of the damage standard, actual foresee scope and the breaching party subjectivity. Fourth is the concrete theory composition of the Foreseeability rules, which analyzes the foresee subject, time, content and adopted standard of deciding the foreseeability, and thinks that the foresee subject should be the party breaching the contract and at the same time also should be decided by referring to the neutral third party. The contract signing date should be as the foresee time standard, the foresee type but not the foresee extent should also be as the standard of deciding the foresee content. Fifth is the concrete analysis of the foreseeability rule application, that is the damage compensation of the Foreseeability rules and the breach benefit loss and its trust fee, the spirit damage compensation of the breach, the reason co-coperation and the liability undertaking. Sixth is the summary of the Foreseeability rules.Partâ…¢is the other restriction rules. First is the general description to every rule which analyzes the breach offset rule, detraction rule, profit and loss offset rule in brief; second is the difficulties of the rules application, such as the relation between the fault offset and the breach of both parites, the operation standard and method of the fault offset rule, the detraction rule and premature breach, the grasp to the "suitable measurement" of the detraction rule; third is the interrelation of every rule application.Partâ…£is the conclusion. This part analyzes the rules of the civil law and the contract law of our country, which thinks that our country's contract law adopts the general theory and the foreseeability rules should be chosen as the general restriction standard of the breach damage compensation scope.